Fortson v. State’s Empirical Analysis
2003
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently February 2022
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Jackson v. Virginia · Ross v. Oklahoma · United States v. Martinez-Salazar · Smith v. Francis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant's use of his peremptory strikes will ... no longer play a role in our evaluation of the harm caused by the refusal to strike an unqualified juror. A defendant is entitled to a panel of forty-two qualified jurors. OCGA § 15-12-160 [now OCGA § 15-12-160.1 ].... The defendant's failure to exhaust his peremptory strikes before the twelfth juror was impaneled does not render the error harmless.”
1 later decision quote this exact passage · from the dissente.g. Willis v. State“As late as 1978 this court stated, "Thus, if a challenge is made and improperly overruled by the court, but the juror so challenged for cause does not serve because subsequently struck by the complaining party, such ruling by the court is not error unless it appears that the party had to exhaust his peremptory challenges in order to strike that juror ."”
1 later decision quote this exact passage · from the dissente.g. Willis v. State“[T]he mere exhaustion or waste of peremptory strikes should not dictate that a given action regarding a disqualified juror is either invariably harmless or necessarily harmful. Instead, the focus under current Georgia law should be on whether any unqualified juror was seated as the ultimate result of errors with respect to jurors challenged for cause.”
1 later decision quote this exact passage · from the dissente.g. Willis v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.